Governor Can't 'Pocket-Veto' Bills, Anti-Federal To Return Bills Without Giving Reasons: Tamil Nadu Govt To Supreme Court
https://www.livelaw.in/top-stories/governor-cant-pocket-veto-bills-anti-federal-to-return-bills-without-giving-reasons-tamil-nadu-govt-to-supreme-court-283195

☀️💯 EIGHT QUESTIONS FRAMED BY THE COURT :

1. When the legislative assembly has passed a Bill and presented it to the Governor for assent, but the Governor withholds his assent thereto, and as a result therefore, the legislative assembly passes the Bill again, and presents it to Governor, will it be open for him to reserve the Bill for the consideration of President, more particularly when he did not reserve it for the President when it was present at first instance.

2. Whether the discretion of Governor in reserving a Bill for the President is exercisable upon any Bill or is it limited to certain specified categories, particularly where the subject-matter appears to be beyond the competence of the State legislature or repugnant to a Central law. 

3. What considerations weighed with the Governor when he decided to reserve the Bill for consideration by the President?

4. What is the concept of pocket veto?

5. What is the effect of the expression 'shall declare' used in the substantive part of Article 200? Can a time period be read in Article 200 in which it is expected for the Governor to pass a declaration? 

6. How is Article 200 construed in two scenarios-
6.1 Bill is presented for assent and upon consideration, the Governor returns the Bill together with message requesting to reconsider certain aspects of Bill in terms of first proviso to Article 200 and
6.2 a Bill is presented but upon consideration, the Governor declares he withholds assent and therefore, the legislature passes the Bill and presents it again to the Governor for assent-whether the Governor bound to give assent in both scenarios?

7. When the President directs Governor to return the Bill and the Bill is passed and presented again to the President, in what matter President to act?

8. Is it mandatorily required to assent to the Bill when it is placed before him for reconsideration or is there a constitutional scheme in Article 201 and if yes, how is the silence to be construed? 

First major Important Case of 2025 is coming to resolve big issues relating to governor powers on bills

@CurrentLegalGK

If you Find something antique or any treasure then these 2 Laws applies.

Fun fact you get a lisence or share in the antique or treasure, as the case maybe.

Rs. 10 above value is a treasure.

@CurrentLegalGK

New criminal laws enforcement notification.pdf

#Question@CurrentLegalGK

1. Whether 106(2) of BNS is applicable today?
2. If no then which law is applicable relating to 106(2) offence?
3. How that another law is applicable?

@CurrentLegalGK

🚚💥🤕🩸 The Reason and precedent behind the offence of 106(2) BNS

The Court quoted the ruling of the Court in State of Punjab v. Saurabh Bakshi, (2015) where it was noticed that “India has a disreputable record of road accidents. There is a nonchalant attitude among the drivers. They feel that they are the “Emperors of all they survey”. Drunkenness contributes to careless driving where the other people become their prey. The poor feel that their lives are not safe, the pedestrians think of uncertainty and the civilized persons drive in constant fear but still apprehensive about the obnoxious attitude of the people who project themselves as “larger than life”. In such obtaining circumstances, we are bound to observe that the lawmakers should scrutinise, relook and revisit the sentencing policy in Section 304-A IPC.”

The Bench of Dipak Misra and C. Nagappan, JJ was hence of the opinion that punishment provided under Section 304-A is absolutely inadequate

ABDUL SHARIF V. HARYANA, 2016

Do you think Government will be enforcing this offence in near future?

#BNS@CurrentLegalGK

🌟 ALL ABOUT PRE NUPTIAL AGREEMENTS

✓ Meaning- Nuptial: Relating to Marriage, So an Agreement where couples are not married yet is called the Pre Nuptial Agreement.

🌟 Origin- Western Concept, especially U.S.A. because of almost 50% of Marriages ends up with divorce.

✓ Marvin v. Marvin, 1979 brings out the prevalence of non – marital agreements stating that unmarried couples can enter into the Pre – Nuptial Agreement via means of written, oral or implied form of contract.

✓ Purpose- Security for couples regarding pre- disclosure of proportion of assets for maintenance, conditions and to avoid litigation.

🌟 Concept of Pre Nuptial Agreement in India

1. No statutory provision
Pre – Nuptial Agreement in India, the agreement only helped the court to establish the base to determine the grant of divorce but not legally binding (only persuasive value).

2. "R. Rambilas vs. Ms. Anita, 2018
"A clause in an agreement that wife shall not be entitled to claim maintenance from husband cannot be used in proceedings under Section 125 of Cr.P.C., since, such clause is opposed to public policy and, therefore, void under Section 23 of the Contract Act."

3. Portugese civil code 1867 has a provision of Pre Nuptial Agreement

4. Statutory rights and liabilities under, beneficial legislations such as Section 125 CrPC Section 24 HMA Section 20 DV Act and other codified personal and secular laws in India, cannot be bartered or negated by either spouse by entering into an agreement to the contrary.

5. A Family Court in Mumbai recently held that while a prenuptial agreement cannot be upheld as a binding contract India, it can still be considered to gain insight into the intentions of the parties involved.

🌟 Conclusion- Courts almost never decide the case of maintenance or divorce as per party wishes or on time and to avoid such situations Prenups are made but still in India it has no legal binding authority due to India's public policy under section 23 of Contract Act however a Prenup can be made and has a great value in deciding a case of dowry, streedhan, claims of maintenance based on earlier facts which have effect afterwards provided it should not be against any other law.

#Discernible_Topics
@CurrentLegalGK

Anyone who wishes to write any article and is from goa or uttarakhand they may work on comparitive analysis of uniform civil code as a whole or any part thereof.

There is No Article present on it, it will get publish easily anywhere also because of requirement as other states to will be in making of UCC.


@CurrentLegalGK

#Question@CurrentLegalGK

1. Delhi High Court Jurisdiction extends to NCT of Delhi or New Delhi or Delhi or to NCR, and explain by which provision of constitution?

2. Even though UT under Schedule 1 we still use X v. State of Puducherry or NCT Delhi, why?

Some Hints: ARTICLE 225 and THE DELHI HIGH COURT ACT, 1966

@CurrentLegalGK

Why only Delhi? The debate around capitals, gains | Political Pulse News,The Indian Express
https://web.archive.org/web/20220930101252/https://indianexpress.com/article/political-pulse/why-only-delhi-the-debate-around-capitals-gains-8124899/

🗺️ 🇮🇳India's Capital History

During the Mughal rule, India had Delhi and Srinagar as capitals, while the British too initially had Calcutta as their summer capital and Shimla as the winter capital. In 1911, the British moved the capital from Calcutta to Delhi, and it was formally inaugurated as one in 1931.

History of Capital of India
https://t.me/CurrentLegalGK/3447

#Question@CurrentLegalGK

Consider the following properties as either Movable or Immovable.

1. Water 🌊
2. Gas 💨
3. Copyright©️
4. Electricity 💡
5. Goodwill 😊
6. Spectrum 📶

Tata Consultancy Services
vs.
State of Andhra Pradesh, 2004 (SC) while holding that transfer of right to use software put in media amounts to sale of goods,

“In India, the test to determine whether a property is ‘goods’, for purposes of sales tax, is not whether the property is tangible or intangible or incorporeal.
The test is whether the concerned item is capable of abstraction, consumption and use and whether it can be transmitted, transferred, delivered, stored, possessed, etc. Admittedly, in the case of software, both canned and uncanned, all of these are possible.”

❓Consider the following statement:

Whatever property is a 'Good' under Sale of Goods Act will not be an immovable property under TPA.

@CurrentLegalGK

Allegation Of Sexual Harassment Committed Within Closed Confines Requires Closer Scrutiny If Victim's Statement Is Doubtful: Supreme Court
https://www.livelaw.in/supreme-court/allegation-of-sexual-harassment-committed-within-closed-confines-requires-closer-scrutiny-if-victims-statement-is-doubtful-supreme-court-251910

Supreme Court Quashes Conviction For Stalking Due To Marriage Between Convict & Complainant
https://www.livelaw.in/supreme-court/supreme-court-quashes-conviction-for-stalking-due-to-marriage-between-convict-complainant-258363

In Re: Right To Privacy of Adolescents.pdf

Just Rights for Children Alliance & Anr. v. S. Harish & Ors

'Possibility Of Reformation Can't Be Ruled Out': Supreme Court Commutes Death Penalty Of Man Convicted For Murder & Sexual Assault Of 4 Year Old
https://www.livelaw.in/top-stories/possibility-of-reformation-cant-be-ruled-out-supreme-court-commutes-death-penalty-of-man-convicted-for-murder-sexual-assault-of-4-year-old-278651

💥💥 5 Important POCSO Cases of 2024